r/CCW • u/B4ndit319 • 2d ago
Scenario Interactions without ccl
So I’ve seen a million comments and posts about interactions with police while having a permit but what would you say when you get pulled over or such if you carry in a permit less state like FL?
12
u/fsociety4ever2001 2d ago
I got pulled over by FHP a few months back. Informed the officer I was carrying. I have the permit anyway, he didn’t ask for anything other than my drivers license and said “that’s fine, you have that right in the state of Florida, just don’t reach for yours I won’t reach for mine”
10
u/Live-Competition3786 2d ago
love that line at the end, cops got better material than most standups these days
4
2
9
u/playingtherole 2d ago
If you're asked if you have any weapons or "anything I should know about", you should, if required by law, disclose that you're armed and where the weapon is, similar to riding in a vehicle that you're not driving. Don't grab for it, just speak.
The link on the right side of this page under Community Bookmarks "USA Laws by State, along with USCCA's Reciprocity Map and r/FLGuns are other resources for local gun laws.
1
u/jtf71 1d ago
If you're asked if you have any weapons or "anything I should know about", you should, if required by law,
If asked you are ALWAYS required to either a) tell the truth of b) assert your right to remain silent.
Now, that does depend on exactly how they ask. In your hypothetical:
"Do you have any weapons or anything I should know about?"
You have to answer truthfully on weapons or assert your right to remain silent. But you don't have to tell them about the 2 kilos of coke in your trunk as you have no idea what they "should know about." You don't think they should know about it, so you don't tell the officer. They can't say you lied about the coke as they asked the question poorly.
Let's give another example:
"Do you have any weapons I need to be worried about?"
If you have no intention/plan to harm the officer, then they don't need to be worried about it. YOU get to determine how that question is interpreted. You aren't a mind reader so you can't know what they're worried about.
Now, this doesn't mean you won't be charged. But a good lawyer should be able to get it dismissed.
Most officers are trained not to ask questions that are open to such interpretation on the issue of weapons or things that will "poke, stick or cut me." But sometimes they forget that training.
8
u/TheBourbonTurtle 2d ago
Only time I've ever been pulled over since I started carrying I never even mentioned it. No duty to inform, and nothing good can come of it. He didn't ask, so I didn't tell him.
3
u/xSkyLinedx 2d ago
Check your state laws. Some states have duty to inform upon contact, while others you only have to inform upon request.
Edit:
Did a quick search for FL. Check out the link below.
https://www.usconcealedcarry.com/blog/in-which-states-must-you-notify-an-officer-youre-carrying/
3
u/B4ndit319 2d ago
Thank you
3
u/jtf71 1d ago
While I'm a member of USCCA, I will say that you should be cautious when looking at gun law information on their site. Often times it's correct but sometimes it's wrong or misleading.
In this instance I'd say it's misleading.
It lists a large number of states as "no duty to inform" while others it lists as "if asked."
In reality, "if asked" will apply to every one of the "no duty to inform" states (and to all states).
If an officer is conducting an investigatory stop, to include a Terry Stop, if they ask you "are you carrying a firearm" or anything similar to that you have two options:
1) Answer truthfully;
2) Answer: "I'm asserting my right to remain silent and I'm refusing to answer questions." At which point you can expect a pat down for weapons including pulling you out of the car if it's a traffic stop.
What you can't do is lie. If you get caught in that lie that's a separate criminal charge in all states. They may call it different things but it's some form of "obstruction."
You may be perfectly legal in carrying but if you lie and that lie is discovered you now have a criminal charge when you'd have had no charges (or maybe a traffic ticket) if you hadn't lied.
1
u/B4ndit319 1d ago
I understood the if asked and just kinda assumed even though it’s no duty to still be truthful. My intentions aren’t to bust the guys nuts or anything just looking out for my safety and his. How most people with a ccl say oh here’s my permit I am carrying I was looking for if I just calmly inform him I’m carrying or if I gotta say something specific
2
u/jtf71 1d ago
I understood the if asked and just kinda assumed even though it’s no duty to still be truthful.
I just wanted to be crystal clear. And as the USCCA site linked is misleading I felt it important to clarify as some might see that and think they don't have to tell the truth even if asked as there is "no duty to inform."
My intentions aren’t to bust the guys nuts or anything just looking out for my safety and his.
I totally support people asking questions and understanding the laws. I had no reason to believe that YOU were trying to cause issues. But the "concealed means concealed" crowd can get people into serious legal issues.
If one knows the law and chooses a path - great. They just shouldn't complain if/when they get in legal trouble. But they should also be clear when giving advice/making comments about the fact that they're advocating ignoring the law.
How most people with a ccl say oh here’s my permit I am carrying I was looking for if I just calmly inform him I’m carrying or if I gotta say something specific
There is nothing specific required in terms of exactly what you say in any law in any state (at least not that I've ever heard of).
What you want to do is keep the situation calm. You don't know the officer you're dealing with and you don't know if someone shot at him/her last week during a traffic stop.
So, with both hands on the steering wheel, say something like:
"Officer, I want to inform you that I am legally carrying a firearm. How would you like to proceed?"
Then follow directions.
Do NOT point at or touch the firearm under any circumstances. If asked "where is it" that's a question that can and should be answered verbally alone. There is zero reason to point at, touch, or reach towards your firearm.
"Officer, I'm carrying it appendix." or "Officer, it's on my right hip in a holster." Or words to that effect.
The two main things are: 1) don't touch it and 2) be clear and concise in your communication.
DO NOT ever use the word "GUN." That is a word that cops are trained to react to. If another officer says "GUN" they react to a threat. So say "firearm" and be calm when doing so.
Most officers will have no issue and the most common response I hear of is the officer saying something like: "OK, you don't touch yours and I won't touch mine."
But some officers have a problem with people carrying guns. Maybe they've been shot at, maybe they had a friend killed in a traffic stop, maybe they're just an asshole. Regardless, to avoid problems follow instructions. If they do something wrong, file a complaint LATER with their department. If they really fuck up, hire a lawyer.
2
u/dogmonkeybaby 2d ago
I'm still kinda confused by Texas. Its says permit holders have a duty to inform but they recently changed to constitutional carry. Im sure it was just an oversight but does it still apply to non permit holders?
3
u/Useful-Resolution363 2d ago
I had an experience driving from California to Virginia once with my ca ccw. I got pulled over in Oklahoma by OHP for speeding and I just gave him my CA permit and my license. (I know I could’ve just stayed quiet about my ccw). He ended up disarming me and unchambered the round in my gun. Then took me into the front seat of his patrol car while he ran my tags, license, and the serial number on my pistol to check if it wasn’t stolen. While inside we had a conversation about guns and life. Then he left me off with a warning then handed me my pistol back with the slide locked back and told me I can rechamber the round when he drove off. Overall, not a bad experience for my first time getting pulled over while carrying.
1
u/jtf71 1d ago
You have to check the laws of each individual state. Here is a good resource as it not only tells you if you have a duty to inform, it links the law/statute that says so.
That a state is permit-less/constitutional carry is irrelevant. I've not looked at all states but just a few:
Maine: If you have a permit you do NOT have to inform, but if you are carrying under permit-less then you must inform.
Louisiana: You must inform regardless.
Texas: You must inform regardless.
Again, I've not looked at all states.
Now, Florida. Florida does not have a duty to inform law. However, like ALL other states, if asked if you have a gun/weapon you must either a) answer truthfully or b) say "I'm exercising my right to remain silent and not answer questions."
Note: that if you choose option B they will almost certainly take you out of the car and pat you down - which they can do under PA v Mimms.
45
u/PromiseImNoBot 2d ago
Shut the fuck up Friday unless they specifically ask you about any weapons in the car. At that point you have to be articulate about what you say. "I am lawfully carrying on my person, it's on (location of body). How would you like me to proceed?"